1 DECREE No. 307
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- Article 1 of the Constitution recognizes the human person as the
origin and purpose of the activity of the state, which is organized for the attainment of justice, legal security and the common good. Also recognize as human person in every human being from the moment of conception.
In consequence, it is the obligation of the State, ensure that the inhabitants of the Republic enjoy liberty, health, culture, economic welfare and social justice.
II.- That the Constitution in Article 65 stipulates that the health of the inhabitants is a public good and that the State and people are obliged to ensure their conservation and
III currently on our legislation some
rights and duties of patients and health service providers, which are in various bodies of law, which sometimes makes it difficult knowledge, and becomes necessary to enact a law to regulate and guarantee the rights and duties
of patients and health care providers.
in exercise of its constitutional powers and initiative of MEPs Guadalupe Lorena Peña Mendoza, Norman Noel Quijano Gonzalez, Santiago Alfaro Flores, Guillermo Mata Bennett
Francisco Manuel Candray Orlando Cabrera, Zoila Beatriz Quijada Solís, Juan Carlos Mendoza Portillo, Ana Marina Alvarenga Barahona, Rodrigo Avila Aviles, Silvia Alejandrina Castro Figueroa, Ricardo Humberto Contreras Henriquez, Alma Rosa Cruz Sailor, Juan Manuel de Jesus Flores Cornejo, Norma Fidelia Guevara Ramirios, Audelia Guadalupe Lopez Kleutgens, Rolando Mata Fuentes, Sonia Margarita Rodríguez
Siguenza, Karina Ivette Sosa, Antonio Vasquez Guadalupe Martinez, Francisco José Zablah Safie and with the support of Deputy Arnoldo Martyr Marin Villanueva; with the initiative of Deputies and the legislative period 2003-2006 Jorge Antonio Escobar Rosa; 2013-2015 legislature Blanca Noemi Coto,
Emma Julia Fabian Hernandez, Lourdes Irma Palacios, Oscar Ayala and Ernesto Novoa Othon Sigfrido Reyes Morales.
DECREES the following:
LAW OF DUTIES AND RIGHTS OF PATIENTS AND PROVIDERS
HEALTH SERVICES CHAPTER I TITLE I
2 GENERAL PROVISIONS
Art Object of the Act. 1. The purpose of this Act is to regulate and guarantee the rights and duties of patients requesting or receiving health services as well as service providers in the public sector, private and autonomous
, including the Institute Salvadoran Social Security.
Scope Art. 2. The scope of this Act, it is mandatory for all patients and users who use health services, and all public, private or autonomous institutions, including
Salvadoran Social Security Institute engaged the provision of health services.
CHAPTER II GOVERNING BODY, AUTHORITY Ente Rector
sanction Art. 3. For the implementation of this Act, the governing body is the Ministry of Health, who
issue the necessary policies, technical standards, and determine the actions to ensure compliance with the law.
Powers of Ente Rector
Art. 4. The Ministry of Health has the following functions:
a) Develop and propose to the President of the Republic, the Regulations under this Act;
B) Issuing technical standards to be met by obligors in the application of this Act
C) To verify compliance with the rights and duties of patients, institutions
within the National Health System, and in coordination with the Council the private sector;
D) Promote programs to improve health care;
E) To ensure the dissemination of the rights and duties of patients and service providers
health, both in the public and private sectors;
F) To authorize the internal regulations of the providers of public and private
hospital services that meet the objectives of this Act;
g) constitution and proper functioning of Ethics Committees in public hospitals, autonomous, and coordinate with the Council, as regards the private sector;
H) Coordinate actions in terms of rights and duties of patients, considered in this Act, shall implement the providers of public, private, autonomous health and the Salvadoran Social Security Institute; and,
i) Other powers established by this Act and its Regulations.
Art. 5. The technical standards, to be issued by the governing body, should regulate:
a) Conformation, custody and consultation of medical records;
B) essential requirements of internal regulations of public service providers, private, autonomous health, including the Salvadoran Social Security Institute; according to the provision of services and levels of care; and
c) Minimum requirements, which should contain the document to grant informed consent for medical, surgical and research
All this should be developed in a consultative private sector, public, autonomous
and including the Salvadoran Social Security Institute.
Art sanctioning authority. 6. For the application of the sanctions referred to in this Act shall Boards Surveillance Professions, hereinafter "Las Juntas" or "the Board" and the Superior Council of Public Health, hereinafter "The Council". Powers of the Authority
sanction Art. 7. The powers of the Council, the following:
a) verify compliance with this Act, by health service providers
public, private, autonomous and including Salvadoran Social Security Institute;
B) Submit to the Ministry of Health's observations and recommendations for the best
compliance with this Act; and
c) Subject to the sanction process, those health care providers who fail to comply with this Act
Complaints Office Tramitadora Art. 8. The Office Tramitadora Complaints Council, which may be abbreviated as "OTD" as an auxiliary body shall have the following powers, within the framework of implementation of this Act:
a) To receive the corresponding complaints of patients, family, legal representatives
and health professionals in the public and private sectors including the Salvadoran Social Security Institute; who consider that their rights have been violated in the receipt or delivery of health services;
B) Review and analyze complaints, and propose a reasoned, to the respective Board, the admission or not of the same opinion;
C) Instructing the punitive administrative procedures governing the competent bodies, collecting and assessing the evidence incorporated by proposing to them,
by reasoned opinion by established or not having administrative responsibility and the imposition of sanctions where relevant; and
d) Classify and protect the records during processing, and the closed cases, keeping the confidentiality of the information provided. CHAPTER III DEFINITIONS
Definitions Art. 9. To the object and purpose of this Act, the following definitions shall apply:
a) Providers of health services: shall be understood as such, any natural person or legal entity, public or private, autonomous, institutional, individually or collective duly
accredited, certified and approved as established by Law, whose business is providing health services either hospital or outpatient publicly or privately;
B) Public health Service providers: are establishments public, such as hospitals, clinics, medical health units, nursing homes, clinics,
medical centers, laboratories, and others included in the network providing public health services;
C) private providers of health services: those natural or legal persons who independently provide health services to people through offices, clinics, hospitals, laboratories, ambulances and home visits, between || | others.
In this character, associations and non-profit foundations engaged in the provision of health services are included;
D) Health Professional: this refers to any person who performs functions and is properly accredited, certified and authorized, in the field of public service or private health that meets a permanent or temporary activity, paid or not;
E) Health Worker: is any person who performs activities, administrative, technical, auxiliary and general services in the field of public service or private health
F) Patient: is any person who demand health services in public institutions, private and autonomous
G) User: any person who acquires the right to use goods or health services;
H) Accompanying any person accompanying a patient, while it is receiving health services;
I) Hospital High: time when professional medical authorizes a hospital patient who is hospitalized or receiving treatment at the facilities
public or private health so that you can continue treatment outside the same and incorporated into their usual activities or is in temporary or permanent disability;
J) High medical: this is understood, when the physician terminates outpatient treatment to a patient, either for healing or voluntary decision;
K) High volunteer: at which a hospital or outpatient, who is undergoing treatment or recovering from some disease, voluntarily requested the suspension of discharge and treatment, despite clarifying
the risks involved on the part of health personnel;
L) Informed consent: the document containing the express consent of the patient or legal representative
, expressed in writing, after obtaining proper, adequate and continuous information, clearly understandable to him, before surgery therapeutic procedure, diagnosis, scientific research, and generally
whenever procedures are conducted involving relevant health risks; it can be withdrawn at any time;
M) Urgency: any pathology not necessarily fatal, but which necessarily his attention should not be delayed more than six hours;
N) Emergency: is any urgent situation that is threatening the life of the person or
function of an organ. Is one case where the lack of health care lead to death in minutes in which the application of first aid by anyone is of paramount importance;
O) Patient abandoned: the one patient who is not in full possession of his mental faculties and who has no family or legal representative to answer for them, when requiring medical attention or emergency;
P) Family: person with the degree of blood relationship or closest affinity patient and within the same grade, the older; and
q) Representative: the person who decides by a patient, with or without authorization, who respond at the time of care.
CHAPTER IV RIGHTS AND DUTIES Section 1
PATIENTS PATIENTS 'RIGHTS
Care Law Art. 10. Every patient has the right to be treated in a timely, efficient and quality, a provider of health services when requested or required, comprising the actions
to promotion, prevention, treatment, rehabilitation health and palliative care according to existing standards.
Right to Equal Treatment Art. 11. The patient will receive at all times of their attention treated with dignity, with respect, care, courtesy, safeguarding human dignity and privacy and without any discrimination
race, sex, religion, age, condition economic, social, partisan, political and ideological.
Right to Skilled Care
Art. 12. The patient has the right to quality health care and warmth, with professionals and health workers duly accredited, certified and authorized by the competent
for the exercise of their duties or functions authorities in the public domain and private.
Right to Information Art. 13. The patient or his representative, shall receive verbal and written form, the health care provider during your attention the following information, in a timely, accurate, simple and understandable
according to your problem:
a) Full name of the health professional who will assist and registration number in the Supervisory Board;
B) diagnosis, treatment, alternatives, risk, evolution and corresponding forecasts;
C) To receive information and explanation in a timely manner and as clear as possible of their diagnosis, their lab tests, its treatment, images, biopsies;
well as the side effects of medications and procedures;
D) Duration of stay in case of hospitalization and treatment;
in cases they can specify;
E) The chances of success, risks and consequences of refusing or stopping treatment
f) In the private sector the patient is entitled to know, at any time, the
estimated costs of hospitalization, treatment and medical fees, considering the circumstances of it.
All above information will be provided to the representative, when the patient is not in use its full powers.
Hospital Discharge Contents Art. 14. Every patient or his representative at the time of receiving your discharge, you
provide a written report on the care provided, which at least contains:
a) Name of physician and interconsulted in regarding treatment, and
B) The admission diagnosis and discharge diagnosis;
C) Results of the tests, the procedures performed related to its principal diagnosis;
D) Time of detention and the treatment period;
E) The instructions to follow, to continue outpatient treatment; and
f) If private services should be added detailed information on costs, fees and procedures for recovery of health benefits that were applied
them. Informed Consent Law
Art. 15. All health care procedure shall be agreed between the patient or his representative and the health service provider, after receiving proper, adequate and continuous information; what shall be in writing and signed by the patient or his representative in the
form licensed for this purpose.
Informed Consent in Cases of Medical Research
Art. 16. Any patient who is proposed to be part of medical research, shall state in writing his will in the form indicated, and receive appropriate and adequate information, which must meet the following conditions:
a) The diagnosis, prognosis, treatment options, surgery and invasive and noninvasive diagnostic tests;
B) name and objectives of research in which it will participate;
C) Risks and disadvantages present and future to participate in this study and the discomfort that could generate;
D) The rights, responsibilities and benefits as a participant in the study;
E) To receive a copy of ethical standards for research involving human subjects and ethical
international guidelines for biomedical research in humans;
F) Confidentiality and information management, ie in writing should ensure that your data
not be seen or used by others outside the study, nor for purposes other than those established by the document signing; and
g) Voluntary withdrawal from participating in the study, although this decision impact on the care you receive in high school or center in which it serves, so it will not lose any benefit as a patient. Granting the Consent
Substitution Art. 17. Informed consent is granted for replacement in the following cases:
a) spouse or cohabitant, or family, when the patient is unable to make them circumstantially. In the case of family members, will preferably closer
grade and within the same grade, the older. If the patient had previously designated a person for the purposes of the issue on behalf of informed consent, it shall first;
B) When the patient is a child or adolescent, or try a legally incapacitated, the right corresponds to their parents or legal representative, who must provide proof of
clearly and unequivocally, which is legally authorized to make decisions that
affect the patient; and
c) In the case of granting of consent by substitution, it may be withdrawn at any time
interest of the patient, the patient or the person who gave it.
Exceptions to the Requirement of Informed Consent
Art. 18.- situations are exceptions to the requirement of informed consent, the following:
a) When non-intervention involves an epidemiological risk to public health, as determined by the health authorities;
B) When the patient is unable to make decisions and there are no family or legal representative or the latter unjustifiably refuse to lend, so they cause a serious risk to patient health and provided that it be put on | || writing of these circumstances;
C) Faced with an emergency situation that does not allow delays
be a risk of death or irreversible injuries, impaired judgment and not to obtain patient consent; and
d) Faced with an emergency patient left without full use of his mental faculties, the medical professional will take appropriate decisions in order to provide adequate medical support.
The situation of abandonment and medical actions should be consigned in the file.
In these cases, you can carry out the necessary interventions from the clinical point of view in favor of the health of the person concerned, giving the right to medical decision making.
As soon as it has passed the emergency or urgent care, you should inform the patient what happened
without prejudice meantime your family or legal representative report. Right to Privacy
Art. 19. Every patient will ensure privacy and intimacy during clinical examination and hospital stay. The patient may be accompanied by a family member if it deems so.
For cases where a child is involved, or young or disabled, they must always be accompanied by family or legal representative.
Right to Confidentiality Art. 20. Patients have the right to the confidentiality of your file is respected
clinical and all information on the diagnosis, treatment, stay, forecasts and details of your illness or condition, unless by written of it or because there are compelling legal or medical reasons, authorization should disclose such information.
Right to make suggestions, inquiries and complaints
Art. 21. Patients, family or representative shall be entitled to make suggestions,
queries and complaints they deem appropriate in an office locally established for that purpose, with respect to the health care they receive, and get response written under the procedures and forms established by the provider of the services of public or private health
including the Salvadoran Social Security Institute and must classify and resolve immediately by level of priority; Regulation of this Law shall regulate the prioritization of cases and their response time.
Right to Second Opinion Art. 22. Patients, family or representative shall be entitled to request a second opinion regarding the diagnosis of his health condition and treatment options before any concerns or questions. In the private area the costs will be borne by the patient.
Right to Know Costs Art. 23. In the private sector patients, relatives or representative, after being informed about their health care procedure, previously know the price of health services in cases that subsequent amendments are given during the procedure, it must be justified
and informed by health care providers.
Right to Drugs and Other
Art. 24. Patients in the public domain and patients of the Salvadoran Social Security Institute, are entitled to the official list of medicines, medical supplies, and laboratory tests and cabinet, indicated by the physician, according to the level of care , based on standards and protocols
care of each institution.
Right to Visit Art. 25. Every patient has the right to be visited by their relatives and acquaintances, according to business hours regulated by the authorities of the establishment, allowing the
accompaniment of a person at night when the patient's needs or severity of your health so warrant. Section 2
DUTIES OF PATIENTS
duty to respect the Health Team
Art. 26. Every patient, family, companion or legal representative, to request or receive a
outpatient or hospital treatment must respectfully treat health team members, be they professional, technical or administrative; as well as other patients who are applying for or receiving health services; except for those patients whose clinical condition compromise their behavior. Patient
Duties Art. 27. Every patient or legal representative who requests or receives a service or hospital outpatient health for proper diagnosis and treatment, have the following duties:
a) provide accurate and complete information of your personal data, your background personal and family, and the reason for their visit or hospitalization;
B) Comply with the indications and prescriptions that gives them health personnel and submit to the measures directed, where the state may constitute harm to public health;
C) care for the facilities, equipment and furniture which are served as relatives and visits, as well as collaborate with the maintenance of order and hygiene
D) Make appropriate and rational use of pharmaceutical benefits and disability;
e) Record in writing when refusing to follow medical prescriptions and treatment methods
health care provider, or when high voluntary cause. Duty to comply
Medical Prescriptions Art. 28. Every patient, family or legal representative must accept and comply with the general and specific requirements issued by the health care provider in order to fulfill its
treatment and restore their health; This includes accepting hospital medical discharge after completion of the care process. Duty
Medical Costs Art. 29. Every patient, family member or legal representative who receive health services in the private area
, must pay costs in the manner agreed with the health service provider and request justification of the costs when they are changed.
Hospital costs should range from the time of admission to the time
signing the optional discharge.
CHAPTER V RIGHTS AND DUTIES OF HEALTH SERVICE PROVIDERS Section 1
RIGHTS OF HEALTH PROVIDERS
Law of Health Service Providers respectful treatment
Art . 30. Receive from any patient, companion or family, equipment and personnel related to their work, respectful treatment, be they professional, technical or administrative
well as the necessary cooperation for the best performance of their duties .
Professionals Health Art. 31. In addition to the rights provided by the Health Code Article 34 and other provisions on the matter, health professionals will enjoy the following rights:
a) The health professional according to their experience, installed capacity and resources, will decide the best care procedure, respecting the rules, protocols
institutional and internationally recognized;
B) Obtain the patient and family, the collaboration necessary for the proper performance of their duties
C) Record in writing of his refusal to perform acts unrelated to the nature of their profession
, the functions of their office and the conditions agreed with the patient or institution;
D) Have adequate and safe facilities to ensure the proper performance of their duties
e) To receive from the competent authority the assistance needed for the better development of
its functions. Section 2
DUTIES OF HEALTH PROVIDERS
Duties of Health Service Providers, Dar Respectful Patient and Family Treatment
Art. 32. All health care provider throughout the process of waiting, consultation, or
hospitalization, you must provide the patient, legal representative or family a dignified and respectful treatment.
Duties of Health Service Providers
Art. 33. All health service provider shall have the following duties:
a) To comply and ensure the dissemination of the rights and duties that this law enshrines
all people in health care;
B) Explain to patients and users clear, concise and detailed way about the disease or condition
tainted, and their diagnosis, treatment, medication, duration and possible side effects;
C) Ensure professional secrecy, as specified in Article 20 of this Law;
D) To keep the medical records of patients, adopting technical measures and procedures for the safeguarding and protection of the data contained in them and prevent their destruction or loss;
E) Have a diligent, professional, ethical and moral action, and must respond when negligence, incompetence, ignorance, inexcusable neglect, harm or death to a patient
F) Place on its premises and establishments public and visible way,
rights and duties of patients; and
g) Apply the best care procedure, respecting the
established, institutional rules according to their experience, ability and resources installed.
Duty to Report Art. 34. All health care provider, the patient will explain in detail the provisions of Article 13 of this Law.
Art. 35. All health care providers whether public or private, including
Salvadoran Social Security Institute, will be responsible for the actions of workers employed under any type of contract; therefore, under the terms of tender and subsequent contract clauses will be included to comply with this law. CHAPTER VI
Art. 36. Every patient who comes to receive a health service, will be prohibited from the following:
a) Provide providers of public health services any direct reward in character received payment for a service;
B) Uttering all kinds of insults, physical abuse, providers of health services, be they professional, technical or administrative, other patients or companions;
C) Consume all kinds of illegal or non-prescribed drugs, alcoholic beverages and snuff consumption within all types of health facility;
D) Consume food and medicines not prescribed by the doctor at the time of being hospitalized, and jeopardize or delay his recovery;
E) Providing untruthful, incomplete and lack of personal data of their health information, health professional;
F) Failure to follow the treatments and medical indications prescribed by the health professional, except those specified in paragraph e) of Article 27;
G) Disrespect the privacy of other patients and perform indecent acts; and
h) violating the dignity, honor and credibility of health service providers.
Of Health Services Providers
Art. 37.- in any of their professions and specialties are prohibited from service providers, public and private health:
a) Uttering all kinds of insults to patients, relatives or guardians being inside of
all public or private health facility;
B) Allow the use of its name to person not authorized by the respective Board for
exercising the profession;
C) defame, slander or try to harm by any means other professional in the
exercise of the profession;
D) Pledging relief or healing through unscientific or questionable procedures;
E) Announce therapeutic agents infallible effects;
F) advertise or apply drugs without therapeutic effects, attributing any action;
except those used placebo effect, duly justified by the health professional;
G) Announce their equipment or techniques instrumental characteristics misleading or deception;
H) To issue certificates that exalt or quality or quality of
instruments or processed and distributed, backless studied and completed products praise;
I) Publish professional successes false, fictitious statistics, inaccurate data or any other
J) Use and publish media, false references to personal
techniques or procedures, or that do not correspond to their professional training and to induce deception;
K) Post letters of thanks from patients;
L) Practice hypnosis for other purposes other than the exercise of his profession;
M) To authorize technical or auxiliary personnel, powers and functions of their own profession or duties;
N) Issue professionals by giving false complacency or data on the condition of non-existent diseases certifications; and
o) Apply treatments are unsuitable in order to keep the latent disease or condition, with the purpose of obtaining permanent patient fees.
The foregoing is without prejudice to other prohibitions in the laws relating to health and Regulations.
CHAPTER VII HEALTH WORKERS
Obligations of Health Workers
Art. 38. The health workers, who work as administrative support and services,
the public and private sectors, perform their duties in accordance with this Law, contracts, regulations, standards and protocols, and any other provision dictated by the governing body or the contractor.
Responsibility of Health Workers
Art. 39. The health workers in the public area, shall be punished in accordance with the standards and protocols
providers of health services; and in the private area according to
labor contracts. CHAPTER VIII
VIOLATIONS AND PENALTIES INFRACTIONS Section 1
Patients Violations Art. 40. When a patient, family or representative, undertake actions deemed have violated rights, duties and prohibitions contained in this Act and the internal rules of the
Health facilities, the authority of the provider of health services establishment verbally inform the patient about the possible infringement and inform in writing the Tramitadora Complaints Bureau to continue the proper administrative process set out in Article 54 | || of this Act; if it is determined that a violation has occurred, a written health care provider to be incorporated into the patient record warning will be sent.
Of Health Services Providers
Art. 41. Violations of this Law, for health care providers, and health professionals
are classified as serious, less serious and minor.
Serious Violations Art. 42.- constitute grave breaches:
a) not be properly accredited, certified and authorized to exercise the professions relate to health;
B) Denying emergency care to a patient, risking his life,
in establishments of the National Health System and private;
C) Derive patients of public services to private care by
misleading or threats of not receiving care in the public establishment information;
D) Provide the service with disrespect, insults, insults and hurtful phrases to
E) To deny health care to a person or provide it poorly, because of their
beliefs, gender, sexual diversity, age, economic status, social, political or ideological or other status;
F) Provide information, diagnosis or treatment intentionally altered a patient
aggravates their health;
G) Damaging, altering or removing leaves the medical record of a patient or user;
H) To perform a procedure or medical treatment is non-invasive or without the express written consent of the patient or failing its close relative, or representative;
I) submit to a medical examination procedure to a patient without obtaining informed written consent, which consciously express their will
to realize it;
J) Subtract unauthorized medicines, doctors
instrumental or establishment that provides health services inputs;
K) Leave the patient under their care, to provide private health services in
working hours in the case of a professional engaged in the public health system. Except for emergency cases and has permission from his superior;
L) publicly disseminate medical information and clinical health status of a patient, which was obtained in the medical care provided;
M) To issue professional certifications for complacency or giving false information about the condition of non-existent diseases;
N) Practice hypnosis for other purposes other than the exercise of his profession;
O) Uttering all kinds of insults and physical, psychological and moral abuse, patients being responsible
family or within any public or private health facility; and
p) Offer, give or receive any kind of reward as payment for a service offered in establishments
Public Health Network. Less Violations Graves
Art. 43.- constitute less serious offenses:
a) Do not give the patient written information in a clear, comprehensible, accurate and timely information about their health and alternative healing to restore it;
B) Provide health care or performing a medical procedure without respect the privacy and patient privacy;
C) Prevent the patient to receive a second opinion before making a procedure
when this was requested;
D) Refusing without just cause to prescribe a drug, laboratory test, exam
cabinet and / or indicate a procedure that is in existence or being conducted on the Public Health Network;
E) Pledging relief or healing through unscientific or questionable procedures;
F) Publish professional successes false, fictitious statistics, inaccurate data or any other deception;
G) Use and publish media, false references to technical or personal procedures, or that do not correspond to their training and that lead to deception;
H) providers of health services are public, private, autonomous including the Salvadoran Social Security Institute, they do not include in their terms of tendering and contracting
guarantees laid down in this Act; and
i) Damage to infrastructure, medical equipment or supplies by the patient or user
The establishment where you are getting health care.
Minor Offences Art. 44.- constitute minor offenses:
a) Denying family visits to patients, without any cause;
B) deny the entry of spiritual assistance to patients whose serious health condition
the request, provided that the other patients respected;
C) Denying the patient when discharged the written report which regulates Article 14 of this Law, or grant it incomplete.;
D) Refusing or tacitly expressed resolve the suggestions, inquiries and complaints of a patient with regard to health care received;
E) Refusing to provide timely and clear of the costs to be investing the user to receive health care in detail;
F) Skip leaf leaves have joined the clinical record; and
g) For patients, relatives or companions, insulting, threatening or assaulting health professionals or establishment staff health provider.
19 Section 2
SANCTIONS Sanctions Art. 45.- The sanctions to be imposed on persons who commit offenses regulated by this Act shall:
a) For serious offenses, suspension of professional practice from one month to five years;
B) For less serious offenses, a fine of one to twenty minimum monthly wages in the commercial sector and service force; and
c) For minor infractions, written reprimand added to the file of Professional Monitoring Board relevant in the case of health professionals, and patient records in the case of patients.
Gradual Sanctions Art. 46. For the imposition of the sanctions laid down in this Act, the following criteria will be taken into account:
a) The nature of the injury or degree of damage to life and health of people;
B) The degree of intent of the offender;
C) The degree of participation in the action or omission, as appropriate; and
d) The ability to avoid damage.
Penalty Payment Art. 47.- The fines imposed shall be canceled within thirty working days after notification of the final resolution firm. The Council shall provide the respective command and enter
income to the Treasury Board.
After expiration of the deadline for payment of the fine without having been paid, is
shall certify that contains the resolution, which shall be enforceable for purposes of collection by the courts.
Calculating the period of suspension
Art. 48. Once the final resolution declared final, the calculation of the suspension of the exercise
professional, will be from the day following the notification of the offender or employer according
The Council will commission the respective Board Monitoring for verification of compliance
of the sanction.
Rehabilitation Professional Practice Art. 49. The professional who has been sanctioned with suspension of professional practice, after serving the penalty, will be restored when the respective Supervisory Board, issue steadfastness to continue exercising.
Constancy is not issued within a day three days when the sanction is fulfilled, the professional shall be entitled to exercise the profession in its own right. Administratively
Right to Report Art. 50. Every patient, family member or representative shall have the right to terminate any infringement or violation of their rights under this Act; regardless of the actions that might arise from civil and criminal liability arising from infringements. CHAPTER IX PROCEDURE
Principle of Legality
Procedure Art. 51. The application of sanctions under this Act shall be subject to the instruction of the corresponding administrative sanction procedure, which shall be conducted in accordance with the following provisions
Art of the complaint. 52. The complaint may be submitted in writing, which must contain the identification of the complainant, his generals, the narration of events which violate this law, pointing out the person allegedly responsible for the infringement and the place or technical means receive notifications,
or verbally, having the tramitadora office to record all these elements in a report signed by the complainant and the person receiving the complaint record.
Offences Procedure for serious and less serious
Art. 53. Upon receipt of the complaint within five working days OTD forward it to
The Supervisory Board of the profession in the opinion referred to in Article 8 paragraph b) of this Act.; whereafter accordance with the following rules:
1. Monitoring Board within five working days issue the opening agreement
of punitive administrative proceeding. This agreement will require the OTD that the maximum term of thirty working days, instruct the same; Knowledge doing well in writing and personally to the alleged infringer of the charges he confers
so that, within three days after notification, exercise the right of defense. He ordered that same act performing useful investigative OTD and define the preventive measures to ensure the effectiveness of the procedure;
2nd. Instructed that is the procedure, the original OTD forward the case to the Board competent surveillance with the respective legal opinion, within a maximum period of fifteen working days
3rd. The Board corresponding Surveillance, within five working days of the receipt of the file and
opinion, indicate the day and time for holding the meeting, within fifteen working days in which resolved acquitting or by setting the responsibility of the offender and imposing the appropriate sanction.
The competent Board resolved overlooking car.
The test will be assessed in accordance with the rules of sound judgment; and, 4th
. Resolution or reasoned agreement must be notified in writing within five working days following provided.
Procedure in Case of Minor Offences
Art. 54. In the case of minor infringements, the OTD require the complainant within a maximum period of five working days present the elements on which bases its complaint to incorporate the file, and intimará the accused to within five working days
presentation to those provided by the complainant, to rule on it, and if applicable contribution exculpatory evidence.
Then the OTD sent to the competent Board record thus formed and the corresponding
legal opinion, that within ten business days from the receipt day, celebrate the meeting at which the final decision shall be rendered, the which will be issued with a view of cars.
CHAPTER X APPEAL Appeal
Origin of Art. 55. Against the final resolution of the Supervisory Boards shall proceed only appeal before the Council, and for serious and less serious offenses.
The appeal will proceed against defects in establishing the facts, assessing the
test, erroneous application or interpretation of the rule, or the alteration of the essential forms of sanctioning procedure.
Initiating proceedings Art. 56. The Appeal must be filed with the respective Monitoring Board that issued the contested decision. Requirements
Written Appeal Art. 57. The letter of appeal must contain the following minimum requirements:
a) submit the appeal within five working days of notification of the final resolution of
B) To be presented at the Board of first instance;
C) The appeal shall contain filing date, name, number of single identity document and signature of the person concerned;
D) must legitimize the kind of interest with which interposes the Appellant's Appeal or guardian;
E) shall contain the factual and legal bases of the grievances that causes the resolution issued by the Boards Surveillance;
F) should if appropriate, to establish the evidence to be introduced to the debate which must meet requirements of relevance for incorporation into the processing;
g) shall indicate place and establish technical means or mail to receive notifications. Admission or not
Art Resource. 58. Once Appeal brought on the respective Board shall notify the opposite party and the Council
and send the letter of appeal within three working days, along with the record.
Once the file the Council will decide and notify the parties of the action admissible.
Al warn that have not completed requirements of substance or form, it is provided to the appellant's
Opportunity to correct any omissions or defects within a period not exceeding three working days, finished it and only in the event that is not answered or not remedied the observed, the be declared inadmissible. Prevention does not operate when being missed deadline to appeal
or when not objectively challenged by appeal.
Art processing of the application. 59. Admitted the appeal hearing will be awarded to the appellant for three days to develop the points of appeal, which may not be different from those raised in the appeal.
You will then be run shuttle appealed to answer the points of appeal raised by the appellant
within three days, and if offering proof.
What on proof to the Board on appeal shall be governed in accordance with
in the Civil and Commercial Code. Final Resolution
Art. 60.- Concluded transfers, the Board shall issue a written final decision within sixty days from the day following that on which the grievance was answered.
The decision handed down on appeal shall act exclusively on the points and issues raised in the appeal.
Once pronounced the resolution, the actions to the Board of first instance for execution will be returned.
TITLE II FINAL PROVISIONS AND EFFECTIVE Prescription
Art. 61. The action to denounce or proceed ex officio to the investigation of the facts which penalizes this Act prescribe as follows:
a) For serious offenses within two years;
B) For less serious offenses within one year; and
c) For minor infringements within six months.
The above terms will be counted from the date on which the events occurred.
Art Specialty of the Act. 62. The provisions of this Act are of a special nature, therefore they prevail over any other than runs counter.
Regulation Art. 63.- The President of the Republic on the proposal of the Ministry of Health issued Regulation
of this Law, within ninety days after its validity.
Budget allocation Art. 64.- The Ministry of Finance through the Ministry of Health assigned to the Superior Council of Public Health budget resources for the installation of the Tramitadora Complaints Bureau in order to ensure the effective implementation of this Act.
|| Effective | Art. 65. This Act shall come into force thirty days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the tenth day of March in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID REYES ERNESTO MOLINA,
first secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza
Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL,
QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO,
seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the fifth day of April in the year two thousand and sixteen.
Salvador Sanchez Ceren,
President of the Republic.
Elvia Violeta Menjivar Escalante, Minister of Health.
DO No.64 Tomo No. 411 Date: 8 April 2016 JQ
ada 05/05/2016 LEGISLATIVE INDEX